Gun proposals mostly unjust

Wednesday

Mar 27, 2013 at 6:00 AM

By James Nishan

The Worcester County League of Sportsmen’s Clubs believes the best defense of the people’s rights is truth. We would like you to consider some thoughts regarding modern sporting rifles and responses to reported firearm legislation.

Military origin does not make something evil. The adaption to civilian use of equipment developed to serve the men and women who fought and sacrificed to ensure the people’s basic safety and liberties is a long-standing and valued tradition. But, anti-gun proposals often revolve around the term “assault weapon.” A Jeep’s lineage is one of proud military service. Does that make it an assault vehicle?

Modern military personnel train with modern military firearms. Is it shocking they might like modern sporting firearms? Some say they are only good for killing people. This statement is false. They are available in many calibers used for hunting and target shooting. Look at any national publication dedicated to the shooting or hunting sports to see the truth of this statement.

Now let us look at potential new legislation as reported in recent weeks.

•Bring Massachusetts into compliance with the National Instant Criminal Background Check System.

Shouldn’t the administration be compliant already?

•State courts would be required to transmit relevant mental health records to the Massachusetts criminal justice information system so that the federal government could include this information in a national registry all states use before issuing gun licenses.

Individuals adjudicated as dangerous to themselves or others should be documented. However, do we violate the privacy rights of combat veterans who seek counseling? Do we include individuals at the Worcester Cold Storage Fire, or first responders from Newtown dealing with tragedy?

•Reduce access to high-powered rounds of ammunition.

This does not make sense. High-powered ammunition is crucial to big game hunting and competitive shooting sports, not crime.

•Limit the number of weapon sales by licensed dealers to not more than one per licensed individual a month.

Article I of the Constitution of Massachusetts lists as a natural essential right the acquiring, possessing, and protecting of property; “in fine, that of seeking and obtaining their safety and happiness.”

•The legislation also requires private gun sales to occur at the business of a licensed dealer so that the sale can be tracked electronically.

Gun owners are required to report the transfer of a firearm via the Massachusetts Firearms Registration and Transfer System (E-FA-10). Not doing so is a criminal offense under MGL Chapter 140, Section 128 A or B.

•Prohibit furnishing a machine gun to any person under the age of 21.

What about young soldiers in the National Guard?

•Amend the existing law addressing weapons on school grounds by creating tiered punishments for possessing different weapons on school property and giving police the authority to arrest without a warrant in order to quickly defuse a dangerous situation on school property.

MGL Chapter 269 Section 10 covers this. If there is a dangerous situation on school grounds under existing law, someone is getting arrested.

•Create four new crimes: assault and battery by means of a firearm, assault by means of a firearm, being a felon in possession of a firearm, and commission of a violent misdemeanor while in possession of a weapon. The bill would also increase the minimum penalties for third and fourth offenses of illegal possession and carrying of firearms, shotguns, rifles and machine gun, and increases the maximum punishment for a second offense.

MGL Chapter 269 Section 10: The carrying of dangerous weapons allows for up to five years in state prison.

MGL Chapter 269 Section 10: Subsequent violations result in the increased potential penalties. Illegal possession of a machine gun or a sawed-off shotgun is punishable by life in state prison.

MGL Chapter 265 Section15A: Assault and battery with a dangerous weapon. Punishable by up to ten years in state prison and escalates for subsequent offences.

I believe that possession of a weapon during a violent crime would generally already be a felony, not a misdemeanor.

•

The reported new laws provide no new protection for citizens. They could, however, serve to harass and inconvenience law-abiding gun owners.

In conclusion, please consider Article XXIV of the Massachusetts Constitution:

“Laws made to punish for actions done before the existence of such laws, and which have not been declared crimes by preceding laws, are unjust, oppressive, and inconsistent with the fundamental principles of a free government.”

James Nishan is recording secretary for and a member of the board of directors of the Worcester County League of Sportsmen’s Clubs, and is president and a trustee of the Auburn Sportsman’s Club Inc.